Police Powers and Preliminaries to Prosecution

Question 1

What is a Charge and Requisition (w/o having been arrested first)?

Answer 1

Whena public prosecutor issues S with a ‘written charge’ - charging S with the offence; and a ‘requisition’ requiring S to attend Mags at a certain time to answer the charge

Both written charge and requisition must be served:

1) at the same time
2) on both S & court named in the requisition

Question 2

What’s content of a Written charge or information?

Answer 2

▪ (a) description of offence in ordinary language
▪ (b) reference to statutory provision (if any) creating the offence
▪ (b) sufficient particulars of D’s conduct to make clear what P alleges, incl. value of any damage/theft alleged where known + affects court’s powers
▪ An application for a summons must also (1) set out the allegation(s) made by the applicant; (2) if there is a time limit for prosecuting the offence(s), demonstrate that the application is made in time – must be specifically referred to

Question 3

What is Laying an information?

Answer 3

Application to Mags for issue of summons (or AW) requiring S to attend before it & answer allegation

▪ How private prosecutions must be commenced
▪ Prosecutor may make written or oral application to court
▪ *Justices clerk (or assistant specifically authorised) may issue summons but not AW

Question 4

What is the required content of a Requisition or (issued) summons?

Answer 4

▪ (1) set out when & where D must attend court
▪ (2) specify each offence in respect of which it is issued
▪ (3) summons – ID issuing court; requisition – ID person under whose authority it is issued

Question 5

What are the Time limits for requisitions & Charge and Laying and information?

Answer 5

For both:
Summary only - 6 months
Either Way - no time limit (unless statutory limitation on time for taking proceedings on indictment)

Question 6

Commencing proceedings? 5 ways

Answer 6

1) Arrest – Police Bail – Return to Police Station – Charge
2) Arrest - Police Bail – Service of written charge or requisition
3) Arrest – Charge
4) Information served on Court – Court issues summons or warrant
5) Service of written charge or requisition

Question 7

PACE Codes - C10.1

Answer 7

Questions before caution

S must be cautioned before Qs made by PO about an offence put to them

What are the reasonable Grounds for suspicion?- S runs from PO; PO smells a substance and suspect to be illegal drugs

Question 8

PACE Codes - C10.5 (cautions given during/before interviews)

Answer 8

Caution given during interview and arrest

When? On arrest, before S is charged/ informed they may be prosecuted, during and when recommencing interview. Restrictions on adverse inferences from silence may apply

Question 9

PACE Code - C11.1(delaying arrest for questioning)

Answer 9

Delay arrest to Q’ing

Questioning falls under definition of an interview? This should take place at a police station with all relevant safeguards, incl access to legal advice

Question 10

PACE Code - C11.1A (sufficient information)

Answer 10

Sufficient info

S must be under caution and solicitor must be informed

Solicitor must be given enough info about the charge and nature

o Must be given before start of interview to suspect + legal rep, to understand:
▪ (1) nature of suspected offence, and
▪ (2) why he is suspected of committing it

o PO not required to disclose details which might prejudice investigation
o Decision [of what to disclose] made by investigating officer, who must record what was disclosed + when

Question 11

PACE Code - C11.4A (Significant statements)

Answer 11

Significant statements

Unsolicited/not - Questions w or w/o reply must be recoded and given to S to sign as correct

Question 12

PACE Code - C11.5 (Actions taken by the Police)

Answer 12

Actions taken by the Police (if you say x you will get x deal)

No interviewer shall indicate what action will be taken by the police if the person being questioned answers questions, makes a statement or refuses to do either

Question 13

PACE Codes - C11.6

Answer 13

Interview must cease once all relevant evidence and Questions are gathered

The PO must cease interview when:
- Relevant Qs have been put to S
- Other available evidence has been taken account
- There’s suff evidence for realistic prospect of conviction

Question 14

PACE Codes - C11.13

Answer 14

Significant silents not recorded/ given to S to sign

Questions w/o reply must be recorded and given to S to sign as correct

Question 15

PACE Code - C11.18 (Interviews of vulnerable Suspects)

Answer 15

Interviews of vulnerable S w/o appropriate adult

Can only take place with high-ranking officers and must not harm S mental or physical state.

S must appreciate the significance of Q&A; or because of effects of drink, drugs, illnesses, aliment or conditions

Question 16

Not an interview

Answer 16

· Not an “interview” if Q for other purposes e.g.:
o (a) solely to establish ID/ownership of vehicle
o (b) obtain info in accordance w/ statutory requirement (e.g. drunk driving procedure)
o (c) in furtherance of proper & effective conduct of a search (although if Q’ing goes further, e.g. to establish intention to supply = caution necessary)
o (d) to seek verification of a written record of comments made by the person outside an interview

Question 17

Definition of interview

Answer 17

questioning of a person regarding their involvement / suspected involvement in a criminal offence(s)

an interview MUST be carried out under caution [to be admissible as P evidence in court]

Question 18

When may a PO delay arrest to Q suspect? (exception = where delay would be likely to)

Answer 18

1) lead to interference with / harm to evidence or other persons, or serious loss of/damage to property
2) lead to alerting of other suspects not yet arrested, or
3) hinder recovery of property obtained by committing offence

Once relevant risk has been averted, or necessary Qs have been put to avert the risk = interviewing must cease

o S can be interviewed via ‘live link’ by another officer not at the PS

Question 19

When to give cautions?

Answer 19

▪ (1) Interview commencement; generally, any time before questions are put to any person about an offence, whom there are grounds to suspect of that offence — or further questions if the answers provide the grounds for suspicion — if either his answers / silence may be given in evidence
* ‘Grounds to suspect’ = some reasonable, objective grounds for the suspicion, based on known facts / information
▪ (2) Reminder at recommencement of interview after any break
▪ (3) Upon arrest

Question 20

Special warning

Answer 20

o Must be given in addition to the caution where suspect asked to account for:
▪ (a) any object, mark or substance found on his person, clothing, possession, or place of arrest, or
▪ (b) his presence at place where arrested

Question 21

Where a suspect interviewed after charge or in circumstances where has requested a solicitor but not permitted to consult with one?

Answer 21

Caution not required, but should be given

Question 22

Are deviations from caution words allowed?

Answer 22

▪ Minor deviation from words permissible if “sense” preserved
▪ Interpreter – imperfect translation OK if essential features conveyed
▪ If suspect doesn’t seem to understand, explain in his own words

Question 23

Caution for reasonable suspicion?

Answer 23

o Only need be given to those whom there are some reasonable, objective grounds to suspect, based on known facts / info
▪ Does not apply w/o reasonable suspicion, even though what A says may then be used in evidence against him
▪ Objective question & not based on subjective PO opinion
o Violation will not necessarily result in exclusion of interview evidence